The Kerala High Court has recently instructed the Special Investigation Team looking into sexual abuse allegations in the Malayalam film industry to also investigate the prevalent use of alcohol and drugs on film sets and related workplaces.
This directive comes from a special division bench comprising Justices A.K. Jayasankaran Nambiar and C.S. Sudha, as they reviewed a public interest litigation concerning the Justice Hema Committee report and related issues.
The bench emphasized the need for necessary steps to be taken to curb the rampant use of alcohol and drugs at shooting locations, noting that such practices are violations of the law. The SIT has been tasked with investigating these concerns and taking appropriate legal action.
The Justice Hema Committee was established by the Kerala government following the high-profile 2017 actress assault case. The committee’s report exposed numerous instances of harassment and exploitation faced by women in the Malayalam film industry. In response to the revelations and subsequent allegations against various actors and directors, the state government announced the formation of a seven-member SIT on August 25 to further investigate these matters.
On Monday, the court reviewed the entire Justice Hema Committee report, including its redacted sections. The judges noted that many witness statements indicated the commission of cognizable offenses. They instructed that these statements be treated as “information” under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), directing the SIT to act accordingly as per the legal framework.
The court also stressed the importance of protecting the identities of victims and survivors. It ordered that their names be concealed in the First Information Statements (FIS) and that these documents should not be made public. The SIT must ensure that copies of the FIS are not released to anyone except the victim or survivor, with access for the accused granted only after a final report is filed.
The bench pointed out that the SIT’s action report dated September 28, 2024, indicated that none of the witnesses from the committee were willing to cooperate with police investigations. The court clarified that witnesses cannot be compelled to provide statements.
Should a crime be registered, the SIT must make efforts to contact the victims or survivors to record their testimonies. However, if witnesses remain uncooperative and there is insufficient material to advance the case, appropriate steps must be taken as outlined in Section 176 of the BNSS.
As the investigation continues, the court’s directives underscore the need for accountability and the protection of victims within the film industry.
